Groups file FCC complaint against WJLA over ads

7/17/14 7:46 PM EDT

The Sunlight Foundation, the Campaign Legal Center and Common Cause filed a complaint at the FCC against WJLA, Washington DC’s ABC affiliate, for failing to identify billionaire environmentalist Tom Steyer as the true sponsor of ads it aired last year.

The complaint states that WJLA, which is owned by POLITICO’s affiliate, Allbritton Communications Co., ran two ads attacking then-Virginia gubernatorial candidate Ken Cuccinelli that were paid for by NextGen Climate Action Committee super PAC, but it did not comply with laws that the complaint states require it to show Steyer was behind the group.

The law, Section 317 of the Communications Act, requires broadcasters to use “reasonable diligence” to identify the person sponsoring any advertisement for which money is directly or indirectly paid. The complaint states that WJLA should’ve not just named the Super PAC in the ads but also Steyer, since he was the sole donor of NextGen through November 2013.

The complaint also states that WJLA knew about Steyer’s connection to NextGen because it aired a report, featuring a POLITICO reporter saying that Steyer was about to inject substantial amount of money into the Virginia gubernatorial election. Furthermore, the complaint argues that POLITICO had done extensive reporting on Steyer’s connection to NextGen, and because WJLA and POLITICO are related, the television station should’ve asked POLITICO for information about the advertiser.

“In this case, WJLA had access to contact information for both the purchasing agent and the group itself on the NAB form. In fact, it seems that WJLA undertook no investigation whatsoever,” the complaint states.

The groups behind the complaint state they want the FCC to declare WJLA as not in compliance, require the station to comply in the future, and assess a fine.

A spokesperson for WJLA stated that the “station fully complied with the sponsorship ID rules” and that broadcasters are “not required to be private investigators to look behind the disclosed identity of issue advertisers represented by experienced and well respected ad agencies.”

The groups also filed a complaint against Portland, Ore.’s KGW for ads attacking Republican Monica Wehby that did not identify hedge fund manager Sean Fieler as the true sponsor.